Raise @ Bhayyu vs State Of Madhya Pradesh

This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.397/2019 registered at Police Station Sanawad, District Khargone (MP) for offence punishable under under Sections 420 and 468 of the Indian

Penal Code, 1860, under Section 11 (D) of the Prevention of Cruelty to Animals Act, 1960 and also under Sections 4, 5 and 9 of the Madhya Pradesh

Govansh Pratished Adhiniyam, 2004.

The applicant is in custody since 11.10.2019.

As per prosecution case, on 30.09.2019 upon complaint made in writing by complainant Dharmendra s/o Ramlal Mashnad regarding illegal

transportation of cattle toward Dhuliya (Maharashtra) for the purpose of sale. The Police Party intercepted Truck â€" container bearing registration

HR-47 D-6592 in front of Sanawad Police Station at Khandwa Road; upon which, Driver of the Truck run away from the spot leaving the vehicle.

Two persons Akbar s/o Gaffar and Akbar s/o Rafique were found sitting in the truck. Hence, the present case has been registered against him.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. It is further

submitted that the applicant is in custody since 11.10.2019. The investigation is over and charge sheet has been filed. Conclusion of the trial will take

sufficiently long time. The applicant is seriously ill; and because of that, he has been transferred from Sub Jail Barwaha to Central Jail, Indore. The

applicant is suffering from abdomen disease and no proper treatment is available to the applicant. Under these circumstances, learned counsel for the

applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that the applicant is the owner

and possession holder of the vehicle in which cattle were illegally transported for the purpose of slaughtering. It is also found that actual registration

number of the vehicle is RJ-09 GC-2861, however, when the vehicle was intercepted, number plate of the truck showing its registration number as

HR-47 D-6592; and thereby, the applicant has also committed offence punishable under under Sections 420 and 468 of the Indian Penal Code, 1860.

Looking to the seriousness of the offence, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient

ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Looking to the present health condition of the applicant, it would be appropriate to grant temporary bail to the applicant for a period of two months

(sixty days).

Accordingly, without expressing any opinion on the merits of the case, Miscellaneous Criminal Case No.3893/2020 is allowed. It is directed that

applicant Raise @ Bhayyu s/o Shakir shall be released on temporary bail for a period of two months (sixty days) from the date of his release, subject

to furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with solvent one surety in the like amount to the satisfaction of the

concerned trial Court, with an undertaking that he / she will surrender immediately after completion of sixty days from the date of his / her release.

A copy of this order be sent to the Court concerned for compliance.

C. c. as per rules.